Bombay High Court
Shrinivas Babarao Pate And Others vs The State Of Maharashtra And ... on 21 October, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
WP No.11656/21 & Anr.
1
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
919 WRIT PETITION NO.11656 OF 2021
GANESH DEVIDAS DESHMUKH AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners : Mr. V.S. Panpatte
AGP for Respondents State : Mr. S.P. Tiwari
...
952 WRIT PETITION NO.11700 OF 2021
SHRINIVAS BABARAO PATE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners : Mr. V.S. Panpatte
AGP for Respondents State : Mr. P. K. Lakhotiya
...
CORAM : S.V. GANGAPURWALA &
R.N. LADDHA, JJ.
DATED : 21/10/2021.
PER COURT :
. The petitioners were initially appointed on unaided
posts. Their appointment on unaided posts is approved by the
Education Officer. The petitioners are transferred from unaided to
aided posts. Under the impugned orders, the Education Officer
approved the transfer of the petitioners on aided post, however, as
WP No.11656/21 & Anr.
Shikshan Sevak. It is the contentions of the petitioners that the
petitioners served for more than three years on unaided post
before being transferred to aided posts. The chart showing the
details of the dates of appointment of the petitioners on unaided
post, date of approval to the appointment of the petitioners and
date of transfer of the petitioners to aided posts are as under :-
Particulars of Petitioners
Board Dated 21.10.2021
Sr. W.P. No. Name of Date of Date of Date of Name of
No. Petitioner(s) Appointment Approval Transfer the
w.e.f. w.e.f. Authority
granted
approval to
transfer
919 11656/21 P-1 Ganresh 01.09.2016 13.03.2018 01.01.2020 27.03.2020
Devidas Deshmukh 01.9.2016 19.01.2021 (P.No. 29) (P.No.29)
P-2 Manik (P.No.25) (P.No.25) Res.No. 2 -
Sahevrao Lad Education
Officer
(Sec.)
952 11700/21 P-1 Shrinivas 01.12.2012 07.08.2014 01.08.2016 14.03.2018
Babarao Pate 01.12.2012 07.08.2014 01.04.2017 (P.No.40)
P-2 Balasaheb 01.12.2012 (P.No.32) 01.08.2016 Res.No.2-
Anandrao Jadhav 01.12.2012 07.08.2014 01.09.2017 Education
P-3 Dipak 01.08.2014 (P.No.35) 01.03.2018 Officer
Shivajirao 07.08.2014 (P.No.36) (Sec.)
Deshmukh 07.08.2014
P-4 Vsishali (P.No.32)
Suryawanshi
P-5 Sandp
Rameshrao
Deshmukh
2. Mr. Panpatte, learned counsel for the petitioners relied
WP No.11656/21 & Anr.
on the judgment of Division Bench of this Court in Writ Petition
No. 1493 of 2018 with connected matters, dated 04 th July, 2019 to
submit that, clause of the Government Resolution dated 28 th
June, 2016 has been interpreted by this Court and if the Assistant
Teacher has worked on unaided post for the period of three years
or more, then his/her services are required to be approved as
Assistant Teacher on aided post.
3. We have also heard learned A.G.P. for respondent -
State.
4. As the petitioners have already worked on the unaided
post for the period of three years and more and their services were
approved, while granting approval to the transfer of the
petitioners from unaided to aided post, the Education Officer was
required to grant approval to them as Assistant Teachers and not
as Shikshan Sevaks in the light of the judgment of this Court in
Writ Petition No. 1493 of 2018 with other connected writ
petitions, dated 04th July, 2019.
WP No.11656/21 & Anr.
5. The Education Officer shall confirm that if the transfer
of the petitioners is on 100% grant-in-aid posts and if he is
convinced that the posts are 100% grant-in-aid posts, then he shall
grant approval to the transfers of the petitioners on 100% grant-
in-aid posts as Assistant Teachers from the date of their transfers.
6. We have passed this order in view of the fact that the
Education Officer has approved transfer of the petitioners on
aided posts meaning thereby he has considered all other aspects of
the matter.
7. The said exercise shall be done preferably within four
months. Writ petitions are disposed of. No costs.
[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]
ssc/
